Applicant is the only surviving son to the late Zephania Nkomo (also known as Zephania Jones Nkomo) ( the deceased), born out of a marriage in terms of civil rites to Diana Nyasha Nkomo, nee Mutambabende (Diana) ( now deceased) in terms of the Marriage Act 1964. The marriage was solemnized by a Minister of Religion on 27 of August 1977. On 25 September 1987, deceased entered into a marriage with first respondent. Diana died on 10 September 2000. The deceased’s estate is being administered by firth respondent through the second Respondent. first Respondent approached firth Respondent’s office claiming to... More
This is an urgent chamber application for stay of execution of a writ of execution against movable and immovable property issued by this court on 11 February 2022 under case number HC 1880/06 at the instance of the 1st respondent pending the determination of the legality of that writ of execution on the grounds that the judgment debt has already been satisfied in full. More
The plaintiff herein claims to have bought immovable property being a vacant stand from the 1st defendant in 2006. Till to date he has no title to the purchased property. The plaintiff thus seeks an order compelling the 1st defendant to effect transfer of the immovable property known as Stand 2993 of stand 322 Prospect Township measuring 4024 square metres (hereinafter called “the property”) within 7 days of the granting of the order. The plaintiff wants the Sheriff to be authorized to sign all papers and take necessary steps to facilitate transfer of the property should the 1st defendant fail... More
On 5 December 2022 plaintiff issued summons against first defendant claiming:
(a) an order for the cancellation of the transfer of a certain piece of land situated in the district of Salisbury called stand number 357 Mandara Township of Lot 5 Mandara of the Grange, measuring 1, 0549 acres registered in favour of the first defendant under Deed of Transfer number 6751/2022.
(b) an order for registration of the property into Christy Wilkinson’s name under Deed of Transfer number 5277/1968.
(c) an order for the second defendant to cancel Deed of Transfer number 6751/2022 registered in the name of the... More
The parties were in an unregistered customary law union entered into in 2010 which was dissolved in December 2021. During that time they had two children, one in 2010 and the other in 2016. The parties are before me in relation to the plaintiff’s claim whereby she seeks 50% of the value of a stand described as Stand No.7989 Fidelity, Southview Park, Phase 2 Harare. In addition she seeks the full value of one of the vehicles described as a BMW Registration Number AEE 3546 also acquired during their union. The summons were issued on 11 February 2022. Since at... More
This is an application for condonation of late filing a notice of opposition and upliftment of the bar operating against the applicant employer. The applicant is out of time by 28 days to file its opposition in LC/H/1164/22 which is a review matter at the instance of the respondent employee. The employee is opposed to the grant of the condonation relief. He cites the fact that the employer has no good excuse for the default and that it does not have merited opposition to his review application. More
1. This is an application for bail pending appeal against sentence. On 17 January 2023 after hearing arguments, I delivered an ex tempore judgment, to wit: “The application for bail be and is hereby dismissed.” I have, however, been requested to provide a fully dressed judgment with reasons. I outline hereunder the reasons for this decision.
2. The salient facts are that the applicant was arraigned before the Magistrate Court sitting at Filabusi. He was charged with the crime of assault as defined in section 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 09:23). It being alleged that... More
